Easements Flashcards
What is an easement?
An easement is a right held by one person to use another’s land. (express or implied)
What are the two types of express easements?
Easement by grant
Easement by reservation
What is an easement by grant?
An express easement by grant arises when it is affirmatively created by the parties in a writing that satisfies the statute of frauds.
What is an easement by reservation?
An express easement by reservation is created when a grantor conveys land but reserves an easement right in that land for his own use.
What is an easement by reservation?
An express easement by reservation is created when a grantor conveys land but reserves an easement right in that land for his own use.
What is an easement implied by implication?
An implied easement by implication is created when:
1) a single tract of land is divided by a common owner
2) before the division the common owner used the single tract of land as if an easement was on it
3) After the division, the common owner use of the conveyed land is continuous and apparent; AND
4) use must be reasonably necessary for the owner’s use and enjoyment.
What is an Implied easement by necessity?
An implied easement by necessity is created when:
1) A single tract of land is divided by a common owner and a piece of the land is conveyed to another; and
2) Necessity arose when the land was divided into two separate estates where one of the properties became virtually useless without the easement.
What is an implied easement by prescription?
An implied easement by prescription is created when a landowner allows a trespasser to use his land continuously for the statutory period. The trespassers use must be:
1) Hostile (without permission)
2) open and notorious (not hidden); and
3) continuous for the statutory period.
(does not need to be exclusive)
